Council Meeting Minutes - February 13, 2008

The Council Meeting of the Village of Moreland Hills was called to order by Mayor Renda at 7:05 p.m. Introduction of newly appointed Councilman, Mr. William Wortzman, and swearing in by Margaret Cannon, Law Director.

DISCUSSION: Mr. Flesher stated he submitted plans to the Village of Moreland Hills in January of 2008 to request permission to conduct a geotechnical exploration of his property on Bentleyville Rd. He stated he was denied permission by the Building Inspector and was taken off the Planning Commission Agenda and was told that his appeal should go directly to Council. He stated that he is representing CSI Harvard which owns the property at the intersection of Chagrin Blvd. , East Orange and Bentleyville Rd.

CSI Harvard proposed a private roadway subdivision to Chagrin Falls in November of 2007. The conversation with Chagrin Falls was tabled because the plans that CSI Harvard submitted shows the entrance of the private roadway along Bentleyville Rd. begins on a piece of property that is located in Moreland Hills. Of the 385 feet along Bentleyville Rd. , approximately 100 feet are located in Moreland Hills.

Mr. Flesher stated the Mr. Filarski, the Village Engineer, asked that he prepare a geotechnical exploration doing shallow borings and deep borings along the proposed roadway. The plan is extensive and shows the means and methods in which they would execute the work. He stated that CSI Harvard would restore the hillside at the conclusion of their testing. They need to do this testing to assess the viability of building the private roadway. Mr. Flesher stated he is asking for permission for the geotechnical exploration.

Margaret Cannon, Moreland Hills Law Director, stated that Chapter 1341 of the Village Code designates certain areas of the Village as protected hillside zone. If work is proposed in the protected hillside zone but not in an area where our maps show Geeburg soils, that request goes to the Planning Commission. If the work is proposed in a hillside zone that are maps say have Geeburg soils, then there can be no disturbance of those soils for a manmade structure or paving, etc. Thus the Building Commissioner correctly denied the request of Mr. Flesher and advised him that his alternative is to appeal directly to Council. Ms. Cannon stated that Council may decide that they need more information and delay the decision until they have that information; they may approve the appeal and allow the boring to go forward, they may deny the appeal or they may allow the appeal on certain conditions which they set forth. She asked the applicant to acknowledge on the record the following two things: 1. If Council were to grant the appeal and allow the bore under whatever terms Council establishes that that absolutely does not mean that Council would thereafter allow construction of the roadway. The same procedure would apply for the roadway as applies for applying for the boring. 2. The village could incur some extraordinary costs in analyzing the bores or asking for additional testing. The village would need assurances from the applicant that those costs would be covered by him.

Mrs. Cooper asked the size of the equipment; she stated that it looked as if he was requesting a 45 foot wide access road. Mr. Flesher replied that the proposed roadway has a 40 foot access. The width of the equipment is 10 feet wide. The drill comes in on a trailer that is 10 feet wide, is “bulldozer-like” in that it has steel tracks. It is approximately 15,000 pounds and it is about 15 feet long. They would only disturb the earth in areas where the machine has to set up. They are planning to do five bores, four of which will occur in Chagrin Falls . His property is 17 acres, only a small part of which are in Moreland Hills. He stated that they would restore the property per ODOT 203 standards.

Mayor Renda asked if the machinery would be taken in and out multiple times. Mr. Flesher replied that it was a one-mobilization job. Although it may take several days to complete the work, the machinery would be taken down the hillside just once.

Mr. Richman stated that he had not seen the extensive plans to which Mr. Flesher was referring. He asked about the trees which would be removed. Mr. Flesher responded that he understands Moreland Hills Tree Ordinance and that he would not need to cut more than a few saplings. He stated that he will try to avoid cutting trees as it is an added expense. Mr. Richman asked if there were contingency plans to prevent slippage from the borings themselves and asked if a dry period vs. a wet period would make the soils less prone to slippage. He also asked if the five bores would provide sufficient information. Mr. Flesher felt that five bores were sufficient. The bore is about 100 feet deep. The shaft is about four or five inches in diameter. The holes seal themselves up in a short time so there should be no increased slippage. Mr. Flesher asked Mr. Filarski to weigh in on the discussion. Mr. Filarski stated that the bore holes usually collapse in on themselves causing little or no damage to surrounding areas. He has also seen cases where the bore holes have been filled with clay that goes into the hole dry but expands as water contacts it and fills up the hole. He stated that that is an option. Mr. Richman then asked the Chief of Police about safety concerns. The Chief responded that if the study were approved he would require the appropriate safety considerations.

Mrs. Cooper asked Mr. Flesher where the project stands with Chagrin Falls ; she also pointed out the fact that the slope is very steep in that area. Mr. Flesher responded that Chagrin Falls does not have a soils ordinance like Moreland Hills has. Chagrin Falls has tabled the discussions with Mr. Flesher based on the fact that the proposed roadway enters through Moreland Hills. They are waiting for Moreland Hills to render its decision. Mr. Flesher stated that the feedback from the Chagrin Falls Village Administrator and Engineer make him believe they have “embraced” the project and they feel that it is a good use of the property. Mr. Flesher stated that the density requirements in Chagrin Falls are different from Moreland Hills; he stated that he will not push the density envelope at this time.

Mayor Renda asked if Mr. Flesher had considered other points of access. Mr. Flesher said that other points had been considered but they looked at the engineering and proposed the best point of entrance which was in Moreland Hills. Other options are available but the terrain is more challenging.

Mr. Richman asked Mr. Flesher if he was aware of the fragile eco-system in Moreland Hills. He pointed out the fact that Moreland Hills has experienced several slides in the past even though the areas were well engineered. He quoted the comprehensive land use plan about the fragility of slopes and tendency of certain soils to slip. Mr. Flesher stated that as a businessman and potential developer of the property, he shares those concerns from a liability aspect. He wants to develop the property in a manner that endures the test of time. He will have a soils expert identify the types of soil and geotechnical experts identify the characteristics of the soil.

Mrs. Cooper pointed out that the Village has had many problems in that area: we already have two retaining walls and part of the road is down to one lane. Mr. Flesher indicated he is aware of and sensitive to this issue. Mr. Richman pointed out that correspondence from a long-time resident indicated that vibration from machinery cased a land-slide years ago.

Mayor Renda asked how the location for the test bores was determined. Mr. Flesher stated that the civil engineer identified incremental places, about every 150 feet, along the center line of the proposed road. The length of the road is 700 feet. Mayor Renda then asked if the borings would show something that would make him decide not to put the road in. Mr. Flesher replied that he was not sure, that he would need information from the experts. He also stated that expense may determine whether to put the road in. Mayor Renda asked if he acknowledged that this is an area of Geeburg soils. Mr. Flesher acknowledged that he has seen a map that shows a broad area of Geeburg soils and that his property falls within that area on the map. However he did not think that his property was ever physically classified and in this process his property would be physically classified.

Mayor Renda asked how long he had owned the property. Mr. Flesher stated that the property is divided into two parcels. The first parcel has been in his family for over 30 years. The second parcel was added almost two years ago. The parcel on Bentleyville Rd. is the parcel that has been in his family for over 30 years.

Margaret Cannon asked for clarification that the property in Moreland Hills had been in his family for over thirty years. He responded yes. The newer parcel is by the river and is 50 percent in Moreland Hills and 50 percent in Chagrin Falls.

Mayor Renda asked for clarification about his statement that he chose not to push the density envelope at this time. He stated he is looking for the best way to maximize the return on investment through the sale of land. He explained that reducing the density may bring a higher par value on the property. He explained that choosing lower density was a business decision to create demand. Mayor Renda asked if the subdivision included a house in Moreland Hills. Mr. Flesher stated that it would include a house in Moreland Hills on a four-acre lot.

Mayor Renda stated that the ordinance is very clear that there will be no disturbance of Geeburg soils; she then asked why his project merited exception from this ordinance that was obviously designed to protect areas such as his. Mr. Flesher responded that the best use of the land from a construction standpoint in terms of building a road begins in Moreland Hills. He stated he understands the sensitivity of the ordinance relating to Geeburg soils. However, he also believes in engineering. He stated that there is an engineering solution to pretty much every land issue in the area. If Geeburg soils were found during the geotechnical exploration and he were to decide to proceed with the development, he would be better prepared to answer the question in terms of whether it is a hardship or a solid solution to making a long-lasting road on the property.

Mr. Buczek asked Mr. Filarski if there was potential of boring through an impervious layer and changing the underground water patterns. Mr. Filarski reported that there is that potential anywhere but he could not really answer that for this specific area. He stated that there is no bedrock in this area, that there are layers of clay and gravel that would allow water to go through naturally. There are natural seeps throughout the hillside; in Mr. Filarski’s opinion a bore hole would not change the water pattern. Mr. Buczek asked if there were any other means to take soil borings. Mr. Flesher responded no and stated that the machinery used was really not very large when compared to other machinery. He further stated that this is the traditional method used on almost every construction site he has worked on.

Mrs. Cooper asked about the excavation machinery; she stated that based on her reading she believed he would have to do some excavation. Mr. Flesher stated that potentially he would have to do some excavation. He stated that the drilling rig, a wincher to hold the machinery as it “walks” down the hill because the terrain is too steep and a mini excavator would be required. In addition two or three laborers would be present, one with a chain saw to remove any trees in the way. Bentleyville Road would not be obstructed. Whatever excavation is required to secure the drilling machinery would be performed at each site. As soon as testing was finished, the land would be restored according to ODOT 203 restoration specifications. Mr. Flesher invited Mr. Potts to inspect the property after the work, including that which is in Chagrin Falls.

Mr. Richman asked if there were less invasive ways of accessing the property, specifically through another property. Mr. Flesher said that he has not spent a lot of time having his engineer look at that possibility because the property owner has not been committal about wanting to sell that property. Mr. Flesher continued to insist that the piece of the property in Moreland Hills is the best place to begin the road. Mr. Richman asked about the ODOT standard, whether it was rough grade. Mr. Flesher was not clear about the specifications but thought that it included seeding for groundcover. Mr. Richman then asked if Mr. Flesher would be amenable for all of council to hike the property along with the Engineer, the Police Chief, the Building Commissioner and Malcolm McFarland, the Village representative to the Chagrin River Watershed Partners. Mr. Flesher agreed to that.

Mr. Buczek asked about the guardrail on Bentleyville Road . Mr. Flesher responded that there is no guardrail where they are planning the entrance of the road and that it will be between the guardrail and the white picket fence. The descent will be parallel to Bentleyville Rd. Mr. Buczek stated that he his concerned about storm water run-off. Mr. Flesher stated he has a storm water management system designed to take storm water from the roadway and direct it to a catch basin and eventually into the river.

Mayor Renda pointed out that Council leadership was absent: both Council President and the Planning Commission Chair were absent. Furthermore, the Mayor would like to speak to the Village Administrator in Chagrin Falls to gather more information.

Mrs. Cooper thanked Mr. Flesher for his time and information. She stated that Council needed more information before moving forward. Mrs. Cooper made a motion to table the request for a variance until Council had time to adequately study the issue seconded by Mr. Buczek.

ROLL CALL:
AYES: Cooper, Richman, Wortzman, Buczek
NAYS: None

REPORTS OF COMMITTEES

Safety Committee
Moreland Hills firing range contracts on agenda for Orange Village , Woodmere Village and City of Pepper Pike.

Service Committee
Random Drug Testing program is almost underway. Met with two residents about going greener. We are waiting to hear about Issue 1 funding for the Chagrin Blvd. Slope Instability project.

Utilities Committee
Mr. Buczek reported that Village Engineer, Jeff Filarski is working on low-cost loan and a small government grant for Jackson Valley Treatment plant.

Mr. Buczek made a motion to move and develop wastewater sludge hauling and disposal specifications and advertise for bids, seconded by Mr. Richman.

Phase II of Stormwater Management requires that some testing be done which the Cuyahoga County Board of Health has done for us in the past.

Mr. Buczek made a motion to authorize the Mayor to enter into a memorandum of understanding with the Cuyahoga County Board of Health to provide sampling and testing services associated with the Village’s Stormwater Management program seconded by Mrs. Cooper.

Buildings & Grounds
All the exterior of all the buildings needs to be painted as it has not been done in 12 years. We also need roofing work on two buildings. We are also painting the interior of the buildings.

Mr. Buczek made a motion to develop specifications and advertise for bids for maintenance and repairs of various Village complex buildings consisting of minor roof and trim repairs and painting seconded by Mr. Richman.

Planning Commission
Mrs. Cooper reported that the minutes speak for themselves. She stated that the meeting was well attended. The Larry Davis Group presented drawings of the new development at RT. 91 and Chagrin Blvd.

*Ordinance 2008-19 introduced by Mayor Renda. An Ordinance confirming the appointment by the Mayor of the Village of Moreland Hills of Prashant R. Shah to the position of Treasurer for a term of four (4) years and declaring an emergency.

A motion was made by Mr. Buczek and seconded by Mr. Richman to place Ordinance 2008-19 on First Reading.

*Ordinance 2008-21 introduced by Mr. Richman. An Ordinance authorizing the Mayor to enter into an agreement with the Village of Orange for use of the Moreland Hills Firing Range by the Village of Orange Police Department and declaring an emergency.

A motion was made by Mr. Richman and seconded by Mrs. Cooper to place Ordinance 2008-21 on First Reading.

*Ordinance 2008-22 introduced by Mr. Richman. An Ordinance authorizing the Mayor to enter into an agreement with the Village of Woodmere for use of the Moreland Hills Firing Range by the Village of Woodmere Police Department and declaring an emergency.

A motion was made by Mr. Richman and seconded by Mr. Wortzman to place Ordinance 2008-22 on First Reading.

*Ordinance 2008-23 introduced by Mr. Richman. An Ordinance authorizing the Mayor to enter into an agreement with the City of Pepper Pike for use of the Moreland Hills Firing Range by the City of Pepper Pike Police Department and declaring an emergency.

A motion was made by Mr. Richman and seconded by Mr. Buczek to place Ordinance 2008-23 on First Reading.

*Ordinance 2008-24 introduced by Mrs. Cooper. An Ordinance confirming the appointment by the Mayor of the Village of Moreland Hills of Gregory R. Potts as Building Inspector for the Village for a term of one (1) year and declaring an emergency.

A motion was made by Mrs. Cooper and seconded by Mr. Wortzman to place Ordinance 2008-24 on First Reading.

Council welcomed Mr. Wortzman onto Council. Mrs. Cooper was pleased that they had 8 applicants for the position. Mr. Buczek reported he was pleased with the process of choosing Mr. Wortzman.

Mr. Malcolm McFarland, 160 Glen Road , is worried that the River’s Edge project will have the same issues as River Mountain . He urged Council to vote against it.

Ms. Nancy Thomas, 319 Bentleyville Road , would like to know whose liability is it if something goes wrong regarding this new development.

Margaret Cannon, Law Director, said we have the right to protect our roadway. However if the borings won’t affect any property but his own he is taking a risk with his own property.

Ms. Nancy Martt, former resident, warned Council to approach this very carefully. She has seen many slides over the years.

Ms. Kathy Goldman, 249 Bentleyville Road , encouraged Council to take a walk around Mr. Flesher’s property to appreciate the terrain. A number of years ago he tried to develop the property and Chagrin Falls said no.

A motion was made by Mr. Buczek and seconded by Mr. Richman to adjourn the Council Meeting of February 13, 2008.